HomeMy WebLinkAbout11852RESOLUTION NO. 11852
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE BESSEMER
ASSOCIATION FOR NEIGHBORHOOD DEVELOPMENT
FOR THE USE OF THE RIGHT OF WAY LOCATED AT
VARIOUS SITES ALONG NORTHERN AVENUE
BETWEEN ORMAN AVENUE AND SANTA FE AVENUE
FOR THE PURPOSE OF INSTALLING ARTWORK,
STREET FURNISHINGS, BANNERS, DECORATIONS,
ETC.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Bessemer
Association for Neighborhood Development for the use of the right of way indicated in
the attached map for the purpose of installing artwork, street furnishings, banners,
decorations, etc.
SFOTinN 9
The use of the public right -of -way granted hereby is subject to all limitations,
terms and conditions set forth in the attached Revocable Permit.
INTRODUCED: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE510ENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
Background Paper for Proposed
RESOLUTION
DATE: APRIL 12, 2010 AGENDA ITEM # M -9
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE BESSEMER ASSOCATION FOR NEIGHBORHOOD DEVELOPMENT FOR THE
USE OF THE RIGHT OF WAY LOCATED AT VARIOUS SITES ALONG NORTHERN
AVENUE BETWEEN ORMAN AVENUE AND SANTA FE AVENUE FOR THE
PURPOSE OF INSTALLING ARTWORK, STREET FURNISHINGS, BANNERS,
DECORATIONS, ETC.
ISSUE
Should City Council issue a Revocable Permit to the Bessemer Association for
Neighborhood Development for the use of the right of way at various sites along
Northern Avenue?
The Revocable Permit Review Committee recommends approval of this Resolution as
long as the Planning Department and Public Works review each site specific location
prior to installation.
BACKGROUND
The Bessemer Association for Neighborhood Development would like to install artwork,
street furnishings, banners, and decorations racks at various locations along Northern
Avenue to beautify the community.
FINANCIAL IMPACT
None.
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"),
the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the
provisions herein contained and the Permittee's compliance therewith:
1. Name, Address and Telephone Number of Permittee: Bessemer Association for Neighborhood Development,
1340 East Evans, Pueblo, CO 81004 (719) 553 -0205
2. Permitted Area: Various Locations Along Northern Avenue Between Orman Avenue and Santa Fe Avenue
3. Purpose of Revocable Permit: Installation of Artwork, Street Furnishings, Banners, Decorations, Etc.
4. Authorized Improvements:
5, Commencement Date: April 12 2010 Time:
6. Ending Date: Indefinitely Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the
Permitted Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the
Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in
compliance with all applicable codes, ordinances, rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk caf8, the Permittee and sidewalk cafd shall be subject to all
the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may
be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to
any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as
to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit
with the City the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all
Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the
Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee
shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the
Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted
Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the
Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and
clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,
including reasonable attorney fees, incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair,
free from litter, waste and debris.
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and
against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of
defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the
existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the
Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned,
transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted
conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City
Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked.
CA - 7/22/03
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured. A certificate for such insurance and each renewal thereof shall be delivered to the City,
Failure to maintain such insurance shall cause this Permit to be automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage
or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's
Director of Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or
by first class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph I above.
(ii) If to City, I City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review
Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this
paragraph (k).
(1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any
and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in
exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to
Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or
injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees,
or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the
Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or
cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above;
or (v) revocation or termination of this Permit by resolution of the City Council of City.
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination
by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability
to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,
hearing, and liability of the City (-
Signed in Pueblo, Colorado this _1..7� day of _e_b.._[u? --T —__- 20_
PERMITTEE
J pGVC�tI7'Atld
Organiz t ton:
B y' p t —
Title:
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss A
The foregoing instrument was acknowledged before me the // day of _._ r Y _ 20_LO
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by! "I_Ct/ c �artC�)eZ ^l�ennQ�y --7— as��QCkf_�L�S��
—My commission expires
°•"� S E A-G ] Notary Public
APPROVED this — ` — day of (� 1-- 20 10
P EBLO, a Municipal Corporation
By
President of the City Council
CA • 7 /2VD3
..� P� 1 •
N O Im
February 17, 2010
Pueblo City Council
One City Hall Place
Pueblo, CO 81003
Dear City Council Representatives,
David Balsick, President
134o E. Evans Avenue
Pueblo, CO 8ioo4
719 -253 -7762
dbalsick @pageme.net
The Bessemer Association for Neighborhood Development (otherwise known as BAND)
is a neighborhood group with the mission of developing Bessemer into a clean and safe
neighborhood that promotes quality of life for residents, prosperity for businesses, and
education for our future.
To elevate the image of this community, the Board of Directors of BAND seeks
authorization from Pueblo's City Council to place amenities such as artwork, street
furnishings, banners and Christmas decorations in the heart of our neighborhood. All
amenities and associated materials will communicate the historic and cultural reflections
of the neighborhood. A committee has been established that will determine guidelines
and a framework for the design of the installed items. As pieces are selected, they will be
submitted to the City for approval. BAND agrees to install, insure, and maintain the
amenities and facilities associated with such items. Specifically, the area that the items
would be installed runs on both the North and South sides of Northern Avenue from
Orman Avenue to Santa Fe Avenue.
It is for that reason that BAND hereby files this letter of intent with a Revocable Permit
Application to temporarily use the public right -of -way in the above - mentioned areas.
Attached you will find the required documents and fees. Thank you very much for your
thoughtful consideration of this request. If you should have any questions, please feel free
to contact me.
Sincerely,
Maria Sanchez - Kennedy
Vice Chairperson
THIS MAP NAS BEEN PRODUCED BYTME Cm OF PUEBLO, PUBLIC WORKS DFPMiA�NT, AIID 5 FOR REFERENCE ONLV. MTA
PROVmE01�3tEINISDERNEDFROMBOURCERW VARYBIBLEVELBOFACCUMCr . THE Cm OFMU ODIBCIAWM LEGEND
PEVOCABLE
RES`(N151BILRY FOR THE ACWRACY ORCOMPLETENESS OFTHE INFORMATION COMAWED NERFJN.
EXHIBIT MAP FOR B.A.N.D. REVOCABLE PERMIT